Requesting a Subpoena

HOW TO OBTAIN A CIVIL SUBPOENA

A subpoena is a court order telling a witness to appear at a civil trial or court hearing, attend a deposition or produce documents or records. This procedure for requesting and using subpoenas is pursuant to Rules 30.01, and 45 of the Minnesota Rules of Civil Procedure.

As of January 1st, 2006, Minnesota attorneys may issue subpoenas, however, pro se litigants must request the court for a subpoena. Attorneys should consult the Minneosta Rules of Civil Procedure Rule 45.01 (c) for further instructions.

Subpoenas to be used in civil matters are available from the Civil Division, room 600 or Conciliation/Housing Court room 170, Ramsey County Courthouse, 15 West Kellogg Blvd., Saint Paul, Minnesota 55102. A fee of $18.00 is charged for each subpoena.

To obtain a subpoena by mail for a trial, deposition or production of documents you must file a written request with the Civil Division. Your request must state the following:

1. name of the case and file number

2. who you represent or if you represent yourself without an attorney

3. the purpose of the subpoena (trial, deposition or production of documents)

4. a copy of the Notice of Taking Deposition and proof of service of the Notice on all parties to the lawsuit.

5. date of trial or hearing and assigned Judge

6. how many subpoenas are being requested

7. $18.00 fee for each subpoena

If you are requesting documents, records or tangible objects you must subpoena the person for a hearing or a deposition.

The subpoena must be served by the Sheriff's office or any person over the age of 18 who has no interest in the outcome of the legal proceedings. The subpoena must be handed to the person to be served or can be left at his/her residence with a person of suitable age and discretion who also resides there. Subpoenas may not be served on legal holidays (MSA 645.44, 624.04) and must be served in a timely manner in order to give the witness reasonable time to appear or respond. The person serving the subpoena must fill out an affidavit of service stating when, where and to whom the subpoena was served.

The party who requests the subpoena must make arrangements for compensation of non-party witnesses prior to the time of the trial, hearing or deposition. Witness fees of $20.00 per day and mileage fees of .28¢ per mile calculated roundtrip from the witness's residence must be served with the subpoena (MSA 357.22). If you wish to have the court enforce the witness's failure to appear as civil contempt of court, you must file the affidavit of service with the court prior to the date of the witness's appearance.

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